Michael
Berry

Partner

For more than 15 years, Michael Berry has represented news, entertainment, and other media clients in defamation and privacy suits, fought for the right of the press and public to access government and court records, defended reporters who are subpoenaed, and advised clients on newsgathering and other First Amendment matters. He is a trial lawyer who regularly defends media companies in federal and state courts throughout the country. For example, in recent years, Michael served as trial counsel for prominent newspapers and websites, defeated an effort to subpoena reporters’ sources as part of an inquiry into alleged grand jury leaks, and succeeded in unsealing records in high-profile criminal prosecutions and high-stakes corporate litigation. In light of his accomplishments, The Best Lawyers in America named Michael its First Amendment Law Lawyer of the Year in Philadelphia for 2018 and 2020, as well as Media Lawyer of the Year in Philadelphia for 2019.

Michael speaks frequently on matters affecting the freedom of the press, and his writings about First Amendment issues have appeared in a variety of publications. Prior to practicing law, he worked on Capitol Hill for the late Senator Paul D. Coverdell (R-Ga.).

Michael was a partner at the highly regarded First Amendment boutique law firm Levine Sullivan Koch & Schulz, which merged with Ballard Spahr in October 2017.

Judicial Clerkship

Hon. David B. Sentelle, U.S. Court of Appeals for the District of Columbia Circuit

Representative Experience

Successfully represented The Associated Press in unsealing numerous records in the criminal cases against the former Penn State administrators prosecuted in the wake of the Sandusky scandal in Commonwealth v. Curley, 189 A.3d 467 (Pa. Super. 2018)

Successfully defended CBS's Philadelphia television station against a lawsuit brought by a New Jersey church and pastor who claimed they were defamed by a news report describing the arrest of one of the church's preachers on child molestation charges, prevailing on summary judgment and the the plaintiff's subsequent appeal in Gordon v. CBS Broadcasting Inc.

Successfully represented the Virgin Islands Daily News in a defamation suit by a local judge in Kendall v. Daily News Publishing Co., 716 F. 2d 82 (3d Cir. 2013). Following a two-week jury trial, the trial court entered judgment in the newspaper’s favor. That decision was affirmed by the Virgin Islands Supreme Court in its first decision on the law of defamation, and then by the U.S. Court of Appeals for the Third Circuit, which issued a significant ruling detailing the requirements public officials must meet when they claim to be defamed by alleged implications.

Successfully defended The Pocono Record in a defamation trial in which the plaintiffs claimed that the newspaper falsely accused them of selling homes at inflated prices using inflated appraisals, often leading buyers into foreclosure. After a nine-day trial in which the plaintiffs were seeking over $27 million in damages, the jury unanimously decided in under two hours that the articles were true. The verdict subsequently was affirmed on appeal in Raintree Homes v. Birkbeck.

The Best Lawyers in America, First Amendment law, First Amendment litigation, media law, 2014-2020; "Lawyer of the Year," First Amendment Law (Philadelphia), 2018, 2020, and Media Law (Philadelphia), 2019

Named as a Lawyer on the Fast Track by The Legal Intelligencer and Pennsylvania Law Weekly in their 40 Under 40 rankings, 2009

"The State Office of Open Records Must Remain Independent," The Patriot-News, January 30, 2015

"Journo-Drones: A Flight Over the Legal Landscape," Communications Lawyer, June 2014

"Pennsylvania's Right to Know Law Protects the Crooks, Not the People," Pittsburgh Post-Gazette, March 11, 2012

Recent Speaking Engagements

Invited testifier, Commonwealth of Pennsylvania House of Representatives, Judiciary Committee Public Hearing, Pennsylvania Anti-SLAPP Law

Speaker, "The Public's Right to Access Court Records and Court Proceedings," Retreat of the Judges of the First Judicial District of Pennsylvania, September 13, 2019

Speaker and Panelist, "The First Amendment, Court Proceedings, and Judicial Records: A Discussion of the Public's Right of Access," Pennsylvania Continuing Judicial Education Program, Pennsylvanians for Modern Courts and University of Pennsylvania Law School, March 1, 2019

"Drones: Navigating a New Legal Frontier," Pennsylvania State Association of Boroughs, April 28, 2015

Moderator, "You Watch Us, We Watch You: Assessing the Effects of Emerging Surveillance Technologies," Media and the Law Seminar, University of Kansas School of Law and Kansas City Metropolitan Bar Association Media Law Committee, April 17, 2015